Michigan injury claims

This guide walks through how injury claims generally work in Michigan: the fault rule, where the filing time frames are written in state law, what is different about claims against public agencies, and how insurance fits in. It also looks at the places people get hurt, from Detroit and Grand Rapids to stretches of I-94 and I-75.

Where people get hurt in Michigan: cities, roads and industries

The metro areas around Detroit, Grand Rapids and Lansing hold much of Michigan's population and traffic, but people in smaller communities are hurt on farm roads, county highways and job sites as well.

Key routes include I-94, I-75, I-96 and I-696. Long-haul trucks, commuters and visitors all share these highways, which helps explain why crash claims are so common in Michigan.

The state's major industries, automotive manufacturing, healthcare, agriculture and tourism, shape the workplace injuries people report, from equipment and vehicle accidents to falls and repetitive strain.

Common injury claims in Michigan

Michigan's fault rule in plain words

Michigan uses a modified comparative fault rule with a 51% bar that applies in a particular way: an injured person who is more than half at fault is barred from noneconomic damages such as pain and suffering. Below that line, the recovery is reduced by the person's share of fault.

Because Michigan also runs a no-fault auto system (covered below), the fault rule matters most for claims that go beyond no-fault benefits, such as a serious crash on I-94 outside Detroit.

Filing time frames in Michigan (general information)

For many injury claims, Michigan law points to MCL § 600.5805(10), with a general period our sources list as three years.

General periods like these have many exceptions. Some claims must be started much sooner, especially against public agencies, and some rules pause or extend the clock. Because we cannot tell anyone their deadline, we encourage people not to wait to talk to a licensed attorney.

Claims against a government agency in Michigan

Claims against a state agency, city, county or public employee usually follow special rules, and they are often stricter than the rules for private claims.

For claims against the state, the sources we use summarize the Michigan rule as: 1 yr Court of Claims (MCL § 600.6431); 120 days highway defect. Cities, counties and other local bodies may have their own notice requirements.

These rules apply to everything from a county truck on I-94 to a fall at a public building in Lansing, and missing a notice step can end a claim.

Car insurance in Michigan: minimums and PIP

Michigan's minimum auto insurance requirement is listed as 50/100/10 + PIP.

Because Michigan requires PIP, an injured driver usually turns to their own policy first for medical costs. No-fault rules can restrict claims against the at-fault driver for less serious injuries.

Animal bite liability in Michigan

Michigan has a animal bite statute that the Animal Legal & Historical Center lists among states that displace the old "one-bite" rule. In general, statutes like this make an owner responsible for injuries their dog causes without proof that the owner knew the dog was dangerous, subject to defenses such as provocation or trespass.

Whatever the rule, save photos of the injury, the owner's name and address, vaccination information and any animal-control report. Read more on our animal bite claims page.

Workers' compensation in Michigan

Workers' comp grew out of an early twentieth-century bargain. Employees get no-fault benefits for workplace injuries, and employers generally get protection from injury lawsuits by their workers.

Common sticking points include late notice to the employer, pre-existing conditions and whether someone was misclassified as a contractor, a frequent issue in healthcare.

Workers who are hurt while driving for work, for example on I-75, may have both a comp claim and a claim against the at-fault driver.

What to do after an injury in Michigan

1. Get medical care first, even if the injury seems minor. Hospitals in Detroit and Grand Rapids document injuries in ways that matter later.
2. Make sure there is an official record, whether a police report, a store incident report or written notice to your employer.
3. Collect photos and witness contacts while they are fresh, and keep your own notes about pain and missed work.
4. Be careful about recorded statements to the other side's insurer before you understand your rights.
5. File a free claim or call (833) 822-7800 to have an independent attorney licensed in Michigan review it.